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2025 DAILYLAW 61957 (KAR)

VASUDEVRAO ADOPTED S/O DESAL GOVINDARAYA. v. THE STATE OF KARNATAKA

WP/109613/2025 · 2025-12-15

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18313 WP No. 109613 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109613 OF 2025 (KLR-RR/SUR) BETWEEN: 1. VASUDEVRAO ADOPTED S/O DESAL GOVINDARAYA. AGE: 70 YEARS OCC: AGRICULTURE R/O:5TH WARD, HOLAGERI MUKITINAGAR GADAG, TQ/DIST:GADAG 2. NAZEER B S/O B ISMAIL SAB AGE: 49 YEARS OCC: AGRICULTURE, R/O:5TH WARD, SIRUGUPPI NAGAR TQ: SIRUGUPPA DIST:BALLARI 583114. 3. MOHAMMAD SHAMEED S/O H GAFUR SAB, AGE: 43 YEARS OCC: AGRICULTURE, R/O:1ST WARD, KUMBAR ONI SIRUGUPPI NAGAR TQ:SIRUGUPPA, DIST:BALLARI 583114. …PETITIONERS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS SECRETARY Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:05 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18313 WP No. 109613 of 2025 M S BUILDING BENGALURU -01 2. THE DEPUTY COMMISSIONER BALLARI, DIST: BALLARI 583101 3. THE ASSISTANT COMMISSIONER, BALLARI DIST: BALLARI 583101. 4. THE TAHASILDAR, SIRUGUPPA TQ: SIRUGUPPA DIST: BALLARI 583121. 5. THE REVENUE INSPECTOR, THE SIRUGUPPA, DIST: BALLARI 583121. 6. THE VILLAGE ACCOUNTANT, RAVIHAL VILLAGE HOOBLI, HACHOLLI DIST: KOPPAL 583 233 …RESPONDENTS (BY SRI. PRAVEEN K UPPAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING IMPUGNED NOTE /ENDORSEMENT /TIPPANI UNDATED NO.539/2023-24 ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DTD: 12-09-2024 IN PROCEEDINGS NO. KAM/HABA/VIVADA/216/2024 (R.D.005000613028) PASSED BY THE RESPONDENT NO.4/TAHASILDAR VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED THE ORDER DTD: 08-10-2025 - 3 - HC-KAR NC: 2025:KHC-D:18313 WP No. 109613 of 2025 IN PROCEEDINGS NO.RA/268/2025 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENTS NO.1 TO 6 TO ENTER THE NAMES OF THE PETITIONERS IN COLUMN NO.9 AND 12 IN RESPECT OF SY. NO.931/A MEASURING 49 CENTS OF SIRUGUPPA VILLAGE OF SIRUGUPPA TALUK PURSUANT TO THE REGISTERED SALE DEED DTD: 22-05-2024 VIDE ANNEXURE-B AT THE EARLIEST, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned Government Advocate accepts notice on behalf of respondents. 2. This petition is filed assailing the order dated 12.09.2024 passed by the Tahasildar and Assistant Commissioner who have refused to enter the name of the petitioners No.2 and 3 in the property records pursuant to the registered sale deed dated 22.05.2024. The petitioner No.1 is the seller. The seller has no objection. The Tahasildar has entertained a doubt by referring to the age of the seller which is - 4 - HC-KAR NC: 2025:KHC-D:18313 WP No. 109613 of 2025 shown as 69 years and has come to the conclusion that when the property was mutated in the name of the petitioner No.1 he was only aged 12 years. Thus, Tahasildar has doubted the correctness of the sale deed. The petitioner No.1 who is aged 69 years has not objected to the sale deed. The sale deed is duly registered. 3. Under these circumstances, the Court has passed the following:- ORDER (i) The petition is allowed. (ii) Impugned orders are set aside. (iii) The respondent-Tahasildar is directed to enter the name of the petitioners in the property records within 30 days from the date of receipt of the copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/CT CNB List No.: 1 Sl No.: 30